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General terms and conditions

REFIMA s.r.o.
Registered Office: Bratislavská 205, 916 24 Horná Streda
Company Registration No.: 44 416 920, company registered in the Commercial Register of the District Court Trenčín, File Sro, Insert No. 20753/R

 

GENERAL TERMS AND CONDITIONS

 

 

Clause 1
The Seller

The operator of websites and the Seller is REFIMA s.r.o., registered office Bratislavská 205, 916 24 Horná Streda, Company Registration No.: 44 416 920, with operation at 916 24 Horná Streda 559, company registered in the Commercial Register of the District Court Trenčín, File Sro, Insert No. 20753/R, Tax Registration No.: 2022689372, VAT Registration No.: SK2022689372 (hereinafter as "The Seller").

Clause 2
The Buyer

The Buyer shall be a person who buys the goods of the Seller on the grounds of a purchase agreement concluded at a distance (by any means of remote communication, particularly the website of the Seller).

When ordering the goods, the Buyer shall fill in an order form, stating:

a)    name, surname, residential address, delivery address, telephone number where they are reachable, and their e-mail address.  Providing the Buyer is a consumer purchasing the goods for their own use;
b)    business name, registered office address, Company Registration No., Tax Registration No./VAT Registration No., providing the Buyer is a business entity buying the goods within their commercial or other business activities;
c)    method of purchase price payment for the ordered goods, and
d)    method of delivery of the goods.

Clause 3
Purchase Price

The Buyer shall choose the goods from an internet catalogue on the Seller´s website. The purchase price shall correspond to the price stated in the internet catalogue at a time of ordering the goods, which includes the VAT. The purchase price amount shall be confirmed in an Order Confirmation e-mail sent to the Buyer.

 

Clause 4
Order Confirmation

After submitting the order form, the Buyer shall immediately receive an e-mail on Order Confirmation. In case of delivery of the goods to the address stated by the Buyer and cash-on-delivery payment or card payment, the confirmation shall also include an expected delivery term. Expected delivery term of the goods is informative, and the Buyer shall be informed on  the exact delivery term in advance by a phone call or an e-mail.

 

Clause 5
Order Cancellation

The order can be cancelled by the Buyer no later than on the day of dispatch of the goods from the warehouse, by means of a call to the customer line +421 907 722 622.

 

Clause 6
Purchase Price Payment

Purchase Price payment can be carried out as follows:

a)    credit card;
b)    cash-on-delivery payment;
c)    non-cash payment to the Seller´s bank account.

Clause 7
Non-Cash Payment to the Bank Account

Providing the Buyer decides to pay the purchase price for the goods by non-cash payment to the Seller´s bank account, the account No.: 2623146697 / 1100 in Tatra banka, a.s., variable symbol - Order No., the goods shall be reserved for a period of seven (7) days following an order confirmation.

A term of goods delivery at a selected address shall also be agreed with the Buyer by means of customer line, after crediting the Seller´s bank account with the purchase price. If the Seller´s bank account is not credited with the purchase price within seven (7) days, i.e. the reservation time, such omission shall be considered to be a cancellation of the purchase agreement by the Buyer.

 

Clause 8
Goods Delivery

The Seller shall deliver the goods to the address stated by the Buyer between 8:00 am and 5:00 pm in case of small deliveries up to 30 kg with a possibility of repeated delivery, or saving and takeover in the nearest warehouse of the carrier. Oversized and heavy deliveries (over 30 kg) shall be delivered as a standard delivery or comfort delivery at a final place of delivery. Delivery price shall be provided on the Seller´s websites.

 

Clause 9
Transport and Delivery of the Goods

The Seller shall not be liable for delayed delivery, due to the carrier or incorrect data provided by the Buyer. Upon delivery and takeover of the goods, the Buyer shall be obliged to check duly that package, respectively protective tapes are undamaged. Any faults found or damage shall be stated on the accompanying document of the carrier. Providing the Buyer has doubts in relation to an undamaged package of the goods or the goods themselves, he shall refuse to take over such a delivery, stating the reason in a delivery confirmation document. By signing the delivery confirmation document without written complaints, the Buyer shall confirm that the goods have been delivered duly and undamaged. Any subsequent claims due to damage of packaging and mechanical damage of the goods shall not be taken into account, and such claims shall not be acknowledged with regard to return policies of the carrier.

 

Clause 10
Personal Takeover in Store

The Buyer can choose personal takeover of the goods in the store of the Seller for internet purchase prices. However, it shall be conditioned by availability of the goods chosen on the website in the store, and by payment for the goods. In such a case, the purchase agreement shall be concluded at a distance and the Seller shall reserve the goods in the store for the purchase price provided at the moment of on-line order confirmation for two (2) days following such an order confirmation. If the Buyer does not take over the ordered goods within the reservation period of two (2) days, such omission of the Buyer shall be considered a cancellation of the purchase agreement by the Buyer. The goods can be taken over no sooner than two (2) hours after crediting the bank account of the Seller with a respective payment. The Seller shall have a right to review the goods in the store. Cash payment is impossible at personal takeover in the store.

 

Clause 11
Documentation

The Buyer shall receive the goods and an invoice - tax document, which shall also represent a delivery note, confirmation on payment for the goods, and shall also substitute the certificate of warranty, unless it has been enclosed.

 

Clause 12
Rescission from Agreement by Customer

In line with the provisions of Section 12 of Act No. 108/2000 Coll. on Consumer Protection in respect of Doorstep Selling and Distance Selling as amended, the Buyer - Consumer (however not a business entity - a person acting within its commercial or other business activities at concluding and fulfilling agreements) shall have a right to rescind from the purchase agreement without stating any reason within seven (7) business days following the delivery and takeover of the goods. The Buyer shall be obliged to return undamaged goods in undamaged packaging to the Seller without undue delay, however no later than seven (7) days following such rescission from the purchase agreement. Exceptions shall include measured materials, as their length is adapted to an individual order of the Buyer, and tailor-made products.

Rescission has to be carried out as follows: the Buyer shall deliver to the Seller a notification of such rescission from the agreement by e-mail to refima@refima.eu, by a phone call to the customer line +421 907 722 622, or in the store of REFIMA. Purchased goods shall be delivered at the Buyer´s costs, If such goods fulfil quality requirements and have not been faulty, to the REFIMA store or at an address provided by the customer line after receiving the notice of rescission. The goods dispatched by the Buyer by means of a cash-on-delivery method shall not be taken over by the Seller, but shall be sent back at the Buyer´s costs. Returned goods have to be undamaged, in the original condition that it was purchased by the Buyer, including entire documentation (certificate of warranty, manuals and accessories) and without a sign of any damage of the package. If the goods are undamaged and complete, the Seller shall credit the money to the Buyer´s account no later than within 15 days. If returned goods have been damaged, used or incomplete in any way, the Seller reserves a right to compensation. This means that he shall be entitled to offset against the returned purchase price.

 

Clause 13
Special Arrangements Regarding Free Supplementary Goods

If the Seller offers to the Buyer further goods as a gift given free of charge with the sold goods at the time of purchasing such goods, it shall be the Buyer´s decision whether he accepts or refuses such a gift. Deed of gift shall be part of the purchase agreement. Its subject matter shall be a gratuitous transfer of such a gift. However, such a gift shall not be sold goods, and the Seller shall therefore not be responsible for its possible faults. Providing the Seller is aware of possible faults of a gift, he shall be obliged to notify the Buyer of such faults at the time of offering such a gift.

Providing a gift has faults of which the Seller has not notified the Buyer, the Buyer shall be entitled to return such a gift. If a right of the Buyer to rescind from the purchase agreement arises, the deed of gift, which is part of the purchase agreement, shall also be rescinded from, and the Buyer shall be obliged to return to the Seller everything he received under the agreement. It is impossible to rescind from a part of the contract. The purchase agreement has to be rescinded from as a whole.

 

Clause 14
Rescission from Agreement by the Seller

The Seller shall be entitled to rescind from the purchase agreement only until the moment of goods dispatch, particularly due to presently occurred unavailability of the goods ordered by the Buyer. However, the Seller shall be obliged to inform the Buyer on such a rescission without undue delay. The Seller shall be entitled to offer the Buyer compensation before such a rescission. The Buyer shall have a right to refuse such compensation and rescind from the purchase agreement.

 

Clause 15
Warranty Conditions

Warranty conditions of REFIMA regarding conclusion of agreements at a distance shall be governed by the legal regulation of the Slovak Republic - the Civil Code as amended and valid Return Policy of REFIMA regarding conclusion of agreements at a distance. Unless agreed otherwise, the warranty period for all goods shall be 24 months for the Buyer - Consumer. The warranty period shall commence on the day of takeover of the goods by the Buyer. The Warranty and warranty period for Buyers - business entities purchasing the goods within their commercial or other business activities shall be governed by the provisions of Section 422 et seq. of the Commercial Code as amended.

 

Clause 16
Personal Data

The Seller shall deal with provided personal data of the Buyer in accordance with the valid legal regulations of the Slovak Republic. The Seller shall collect personal data of the Buyers for the purpose of fulfilment of agreements concluded with such Buyers under the provision of Section 7 (4) Letter b) of Act No. 428/2002 Coll. on Personal Data Protection as amended (hereinafter as the "Act"). The Buyer shall further grant the Seller consent with the processing of such personal data under the provision of Section 7 (1) of the Act for the purpose of offering services and products of the Seller (including marketing). Personal data shall not be provided to any third party except an intermediary authorized to process such personal data by the Seller as an operator. Personal data necessary for due delivery of the goods shall be submitted by the Seller to the contracted carrier (particularly name, surname, delivery address, telephone number, e-mail address), which the Buyer agrees with. Such consent of the Buyer, with personal data processing, shall be provided for the time of exercising the rights and duties resulting from the concluded agreement. The Buyer shall also agree that the Seller sends marketing materials at their e-mail address under the provision of Section 65 (2) of Act No. 610/2003 Coll. on Electronic Communication as amended, or contacts them otherwise for the purpose of offering the goods or services of the Seller. The Buyer shall have a right to cancel the consent, with providing their personal data for marketing purposes at any time in writing to the address REFIMA s.r.o., Bratislavská 205, 916 24 Horná Streda.

 

Clause 17
Confirmation of Consent with the General Terms and Conditions

Upon concluding an on-line order for goods of the Seller, the Buyer shall confirm consent with these valid Seller´s General Terms and Conditions. The Seller reserves the right to apply these General Terms and Conditions when concluding purchase agreements at a distance, and shall not accept any general terms and conditions of the Buyers. The Seller reserves the right to change these General Terms and Conditions. The duty to inform about changes made to the General Terms and Conditions in writing shall be fulfilled, following their posting on the Seller´s websites www.refima.eu.

 

These General Terms and Conditions shall be valid from January 1, 2012.